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User agreement for the use of Taxovichkof services

Last updated: August 16, 2019



Terms and definitions



Website - "Taxovichkof" website, which is a set of computer programs and other information contained in the information system, access to which is provided through the "Internet" by domain name - https://Taxovichkof.ru/, and provides an opportunity to place information about the potential demand for passenger and luggage transportation services by passenger taxi, as well as the opportunity to get acquainted with the information about the offers of Partners, providing services in this area and to search for such offers by given parameters;



Dispatching service - a structural subdivision of "Taxovichkof", communication with which is carried out on a single phone number - +7 (812) 333-00-00, which performs the function of recording information about the potential demand for passenger and luggage transportation services by passenger taxi, expressed verbally, and the subsequent transfer of such information to the Partners to receive your proposal for the provision of services to transport passengers and luggage by passenger taxi.



Partners - legal entities and individual entrepreneurs, providing services for the transportation of passengers and luggage by passenger taxi;



User - a person who uses the "Taxovichkof" Services;



User Content - content provided by the User to the Right Holder, formalized in the form of text, audio, and/or video materials, information, including comments and feedback related to the Services, requests for technical support and participation in contests and promotions;



Rights Holder - determined in the "Legal relations" section;



Program - Computer Program, embodied in the mobile application "Taxovichkof", available for use on iOS, Android platforms;



"Taxovichkof" services - a set of results of intellectual activity of the Rights Holder and the Dispatching Service;



Third-party Suppliers - individuals or legal entities that provide an opportunity to purchase goods and/or services not related to the provision of passenger and luggage transportation services by a passenger taxi;



Conditions - user agreement for the use of "Taxovichkof" services;



Services - those provided to individuals by "Taxovichkof" services;



Transportation services - passenger and luggage transportation services by passenger taxi;



Terms and Conditions Area of application



This user agreement regulates the terms and conditions of using the "Taxovichkof" Services by an individual or access to them provided by the Right Holder.



For purposes of unconditional compliance with these Terms, the Services are understood to mean:




  • Program;

  • Website;

  • Dispatching service;



Before using the Services, please read these Terms.



Any use of the Services by you constitutes your full and unconditional acceptance of the Terms. In addition, you confirm that you have read these Terms carefully and in full.



Any use of the Services by you means a confirmation by you that you have, or have had, the opportunity to review these Terms.



If you do not accept the Terms in their entirety, you may not use the Services for any purpose.



Legal Relations



Right Holder of the Services is:



Limited Liability Company "Trans-Missiya";



Main state registration number: 1167847448801;



Taxpayer identification number: 7805688897;



Legal entity residence address: 198303, Saint Petersburg, Russia, Marshala Zhukova pr., 28, build. 2, lit. А, off. 2-Н.



Your access to and use of the Services means your agreement to these Terms, which establish a contractual legal relationship between you and the Right Holder. If you do not agree to these Terms, you may not access or use the Services. The present Terms explicitly replace prior agreements or arrangements with you. The Right Holder has the right to cancel these Terms and Conditions or any Services at any time, to stop offering Services as a whole or deny access to the Services or any part thereof, at any time and for any reason (including without giving any reasons).



Certain Services may be subject to additional terms and conditions, such as a business or promotional policy, and such additional terms and conditions will be disclosed to you in connection with the relevant Services. The Additional Terms are supplemental to the Terms of Service and shall be deemed an integral part of these Terms. The additional Terms take precedence over the present Terms in the event that they conflict with them in relation to the respective services.



The Right Holder has the authority to change the Terms and Additional Conditions at any time for an unlimited number of times. Changes shall take effect when the updated Terms and Conditions are published. Use of the Services after the publication of changes means acceptance of the updated Terms and Conditions without the need to perform any actions (including any implied-in-fact actions).



Services



The Services are represented by the use of those provided free of charge with the possibility to organize and plan transportation with the direct participation of Partners. For the purposes of these Terms, it is understood that the Services are provided to you only for your personal, i.e. non-commercial, use.



You acknowledge that the Right Holder provides information services and does not provide (organize or participate in the process of organization) transportation and does not function as a transportation company. The transportation is performed by specialized carriers and/or transport organizations that are not employees of the Right Holder or its affiliates. The legal relations arising between you and the Partners are carried out on the basis of a charter (transportation) contract concluded in accordance with the procedure and on the terms established by the current legislation.



License to use the Program



Subject to your compliance with these Terms and Conditions, the Right Holder grants you a royalty-free, limited, non-exclusive, non-sublicensable, revocable, non-transferable license:




  • access to and use of the Program on your personal device (without limitation on the number of such devices) solely in connection with your use of the Services;

  • use of and access to any content, information and related materials that may be provided through the Services is, in each case, solely for your personal, i.e. non-commercial, use. Any rights not expressly granted in this document remain with the Rights Holder.



Unless specifically stated otherwise in the text of these Terms and Conditions, without the prior written consent of the Right Holder you can not:




  • use, modify, incorporate into or merge with other software, or create a redesigned version of any part of the Program;

  • sell, issue licenses (sublicenses), lease, assign, transfer, pledge, share rights with third parties;

  • copy, distribute or reproduce the Program for the benefit of third parties;

  • make public the results of any comparative analysis regarding the Program, use the mentioned results for your own competitive software development activities;

  • modify, disassemble, decompile, parse into component codes, process or improve the Program, try to get the source code of the Program.



The Right Holder is not obliged to provide support, maintenance, updates, modifications and new versions of the Program. However, may release updates for the Program and automatically, through electronic communication, update the version installed in your mobile device. You agree to this automatic update.



The program is provided without warranty of quality and does not imply any warranty of any kind, either explicitly or implied. The Right Holder does not guarantee that the Program will meet your requirements, and that its operation will be uninterrupted and error-free. To the extent permitted by applicable law, the Right Holder explicitly disclaims any direct warranties, including, but not limited to, warranties of purity and non-infringement, and any implied warranties, including, but not limited to, implied warranties of merchantability and suitability for a particular purpose. The Right Holder is not responsible for the accuracy, completeness, applicability or reliability of the results obtained during the use of the Program or any data and information downloaded or otherwise obtained through the use of the Program. You accept the responsibility to upload or otherwise receive information through the Program at your own risk and discretion, and no claims can be made against the Right Holder for damages caused to you.



The license to use the Program in accordance with the Terms and Conditions may be at any time fully revoked by the Right Holder.



Restrictions



You have no right to:




  • remove any mention of copyright, trademark or other indications of the Right Holder from any part of the Program;

  • reproduce, modify, prepare derivative works based on the Services, distribute, transfer rights to use the Services, rent, sell, resell, transmit, publicly display, publicly perform, broadcast, or otherwise use the Services, except for the cases expressly permitted by the Rights Holder;

  • decompile, redesign, or disassemble the Website and the Program except where permitted by applicable law;

  • bind to any part of the Services, mirror any part of the Services, or create a frame for any part of the Services;

  • invoke or launch any programs or scripts in order to clean, index, review or otherwise collect data from any part of the Website and the Program, or illegally impede or inhibit the performance and/or functionality of any aspect of the Website and the Program; or attempt to gain unauthorized access to the Website and the Program or violate any aspect of the Website and the Program or related systems or networks.



Services and content of Third Party Providers and Partners



The Services may be available or received in connection with services and content of Third Party Providers (as part of services and goods not related to the provision of transportation services) and Partners (including advertising), which are not controlled by the Right Holder. The Right Holder does not maintain such services and content of Third Party Providers and Partners, which are not controlled by the Right Holder. You acknowledge that under no circumstances will the Right Holder be liable for any goods or services of such entities.



Exceptional right



The Services and all rights set forth in these Conditions, including the text of the Conditions themselves, are and remain the property of the Right Holder. Neither these Terms nor your use of the Services confers or grants you any rights: to the Services or related rights, except for the limited license granted above; or to use or link to the proprietary name, trademarks, commercial designations, logos, product or service names, brands or service marks of the Right Holder.



Procedure for using the Services



The services are not provided to persons under the age of 18. You may not allow third parties to use the Services on your behalf or allow persons under the age of 18 to receive services from Third Party Providers and Partners unless you are accompanying such persons. By using the Services, you agree to comply with applicable law, and you may use the Services only for lawful purposes. By using the Services, you agree not to cause moral harm or material loss to any Third Party Provider, Partner or any other party. In certain cases, you may be asked to provide identification so that you can access the Services or use the Services, and you agree that you may be denied access to the Services or may not use the Services if you refuse to provide identification.



When using the Services, you confirm that you are the rightful owner of the mobile device on which the Program is installed, as well as a duly registered and legal user of mobile radiotelephone services or telematic services that allow you to use data transmission capabilities to use the Program and the Website and your identification as a user of the Program and the Website. You also unconditionally agree to receive service sms and push messages required to implement the functionality of the Program and the Website.



You unconditionally agree that the Right Holder has the authority to inform you about the procedure and methods of using the Program, about marketing, advertising and other activities, about the conditions of purchasing and consumption of third party services using the Program, by sending messages, including those containing advertisements, to a mobile phone, computer or other device, including using a communication network, in any way available to the operator. Acceptance of the Terms and Conditions means your unconditional consent to the said authority of the Right Holder and receipt of the said messages by you.



You agree to receive promotional mailings and other information about products and services from the Right Holder or from Partners and Third Party Providers, including telephone calls, e-mail messages and sms-links.



By using the Services, you grant the Right Holder the right to make voice calls, as well as give your consent to receive SMS messages from the operator (or third parties involved by it for a specified purpose) to the subscriber number specified by you during registration, as well as an e-mail address for purposes of:




  • improving the security of Service usage;

  • informing about new products, offers and services provided by the Right Holder;

  • sending advertising and information messages, including those about goods and services provided by third parties;

  • referrals for additional information.



The rights holder has the right to conduct promotions, and you have the right to participate in promotions. For participation in the promotion, the Right Holder is entitled to provide you with an individual promotional code that provides you with the bonuses specified in the relevant rules of the promotion. The rules of the promotion are posted on the "Taxovichkof" website.



By consenting to the terms of this Agreement and participating in the promotion, you also agree to the relevant rules of the promotion posted on the "Taxovichkof" website.



User Content



The Right Holder may at its own discretion allow you to provide, upload, publish or otherwise offer the Right Holder when using its Services User Content. Any User Content you provide will remain your own property. However, by providing User Content to the Right Holder, you grant the Right Holder and its affiliates a perpetual, irrevocable, royalty-free, transferable license with the right to sublicense, use, copy, modify, create derivative works from, distribute, publicly display, publicly perform, or otherwise use such User Content in all formats and distribution channels now known or later developed (both in connection with the Services and business of the Right Holder, and in connection with third party sites and services), without further notice to you or your consent, and without requiring payment to you or to any other individual or legal entity, as well as without specifying the names of the authors and copyright holders, with the right to make such User Content public by the Right Holder and its affiliates, as well as the right to include such User Content in other results of intellectual activity or to use it together with other results of intellectual activity, regardless of their artistic value.



You hereby declare and guarantee that: You are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and permissions to grant the Right Holder and its affiliates the license (exclusive right) to User Content as specified above; and neither the User Content, nor your provision, uploading, publishing or otherwise making such User Content available, nor the use of such User Content by the Right Holder and its affiliates, as permitted herein, infringe upon any third party's intellectual property or copyrights, or rights of publicity or privacy, and will violate any applicable law or regulation.



You agree not to provide User Submissions that are defamatory, libelous, hateful, violent, obscene, pornographic, illegal or offensive, as determined by the Right Holder in its sole discretion, regardless of whether or not the provision of such content is protected by law. The Right Holder may, but is not obliged to, review, monitor or delete User Content in its sole discretion, at any time and for any reason, without sending you a notice.



Network access and devices



It is your responsibility to access the data network and to receive the communication support required to use the Services. When you access or use the Services through a wireless device, your mobile network's SMS and data rates may apply, and you are responsible for paying for such rates. You are responsible for obtaining and updating compatible hardware or devices required to access and use the Services and for obtaining any updates. The Right Holder does not guarantee the functionality of the Program or any part thereof on any particular hardware or devices. In addition, the Services may be affected by disruptions and delays caused by Internet and electronic communications.



Special terms



The services can be used by you to request services from Partners and to plan transportation.



The information available to you within the framework of receiving the Services (hereinafter - Data) is provided by Third Party Providers and Partners of the Right Holder. For more detailed information about the services offered, the User may contact the Third Party Providers and Partners.



The Right Holder is not responsible for the content and/or relevance of the information provided by Third Party Vendors and Partners, including information about the cost of services of Third Party Providers and Partners, and their availability at the moment.



Your interaction with the Third Party Providers and Partners on the issues of purchasing services is carried out independently (without the participation of the Right Holder) in accordance with the rules of service provision adopted by the Third Party Providers and Partners. The Right Holder is not responsible for financial and any other transactions made by you and the Third Party Providers and Partners, as well as for any consequences of purchasing the services of the Third Party Providers and Partners by you.



The services are provided on an "As is" and "Availability conditions" principle. The Right Holder is not responsible for the availability, quality, accessibility, suitability and timeliness of services provided by Third Party Providers and Partners, as well as any other services requested through the Services. The Right Holder is not responsible for direct, indirect, consequential damages (real damage and lost profit), caused (inflicted or having the risk to be caused in the future), harm to life and health, related to the Services or otherwise caused by the use of the Services, even if the Right Holder was warned about the possibility of such consequences.



In accordance with the applicable law, the liability that may be applied as a result of improper provision of services by Third Party Providers and Partners, including the provision of information about or in relation to the services, the terms of services, applicable tariffs, as well as the direct provision of services, their security, issuance of documents of strict reporting, other obligations, shall be solely the actual contractor. You are entitled to submit your claims and demands directly to the service contractor. You agree to bear all risks associated with the use of the Services and the services requested in this regard, solely and to the maximum extent permitted by applicable law.



The Right Holder is not responsible for these consequences resulting from your use of the Services or your actions in reliance on the Services, or your inability to access the Services or use the Services; any transaction between you and any Third Party Provider or Partner, even if the Right Holder was warned about the possibility of such consequences.



Under no circumstances will the full liability of the Right Holder towards You in connection with the Services provided to You exceed 5 000 roubles 00 kopecks on all losses, damages and grounds for action.



The terms of this section do not imply limitation of liability or limitation of your rights, which cannot be excluded under applicable law.



Guarantee of indemnification



You agree to indemnify the Right Holder for any loss or damage caused by or in connection with: your use of the Services or services received while using the Services; violation of any clauses of these Terms and Conditions by you; use of your User Content by the Right Holder; or violation of the rights of any third party, including the rights of Third Party Providers and Partners.



Confidentiality



You and the Right Holder are obliged to undertake all necessary measures to ensure protection and security of the information and documents exchanged while using the Services.



You agree to take all necessary measures to maintain confidentiality, prevent unauthorized use and protect your data from unauthorized access by third parties. You agree not to share your data with third parties if such data concerns the use of the Services.



In order to prevent unauthorized use and protect your data from unauthorized access by third parties, You will independently install anti-virus software on the technical devices it uses to access the Program and the Website and maintain its timely updating. If you do not use anti-virus software, use unlicensed (illegally acquired) anti-virus software or untimely update the anti-virus software it will lead to unauthorized access to your data by third parties, the Right Holder is not responsible for the damage caused to you.



The Right Holder undertakes to keep confidential the information which became known to it in connection with your use of the Services, except for the cases when: such information is publicly available; information is disclosed upon request or with your permission; information is subject to disclosure to your potential Third Party Providers and Partners to the extent necessary to comply with these Terms and Conditions; information is required to be disclosed on the grounds provided by applicable law, or on suspicious transactions, or if requested to do so by a court or authorized government agency.



You undertake not to conduct illegal transactions, illegal trade or any other transactions through the Program and the Website in violation of applicable law.



Payment



The cost of transportation services is determined based on the tariffs set by the Partner.



During periods of increased demand for transportation services, tariffs may be increased.



During periods of reduced demand for transportation services, tariffs may be reduced.



The Right Holder informs about the changes in tariffs by placing a special symbol (down arrow or up arrow) in the interface of the Program or Website, as well as by verbal notification in case of placing an order through the Dispatching Service.



Payment for the Transportation Service provided to you in accordance with the information posted on the Services about the potential demand for the relevant service can be made by you:




  • directly to the Partner (including by cash or other means provided by the specified individuals). The mentioned type of payment is made without the participation of the Right Holder and is not regulated by these Terms and Conditions;

  • You may have access to the function of cashless payment from the Bound Bank Card; in this case the Right Holder acts on behalf of the relevant service provider, with the involvement of an authorized payment processing operator or an operator of electronic funds and is the recipient of the payment as an agent. The Right Holder does not guarantee the absence of errors and failures in the work of the Program in relation to the possibility of cashless payment;

  • by filling out an online payment form on the "Taxovichkof" website; in this case, the Right Holder acts on behalf of the respective service provider, with the involvement of an authorized payment acceptance operator or an electronic cash acceptance operator and is the recipient of the payment as an agent. The Right Holder does not guarantee the absence of errors and failures in the work of the Program in relation to the possibility of cashless payment;



The corresponding form of payment is chosen by you in the interface of the Program or the Website. In this case if you are unable to make non-cash payment for any reason (including, but not limited to, temporary technical unavailability of this function, temporary or permanent impossibility of non-cash payment using the Bound card, insufficient funds on the Bound card), you undertake to make cash payment.



In case of cashless payment at the discretion of the Right Holder it is possible to carry out both one transaction for the full cost of the transportation service, and several transactions for individual parts of the cost of the service. At the same time, non-cash payment can be made by any of the abovementioned methods during the trip or after its completion.



In case of cashless payment in addition to the payment for the Transport Service, you have the opportunity at your discretion to make an additional cashless payment in favor of the Partner as a percentage of the cost of the paid passenger and luggage transportation service (Tips).



In cases provided for by applicable law, in case of cashless payment, a cashier's check may be sent to a confirmed mobile phone number specified by you when using the Services via push notification, and is available to you when you open such notification, provided that you have not disabled the receipt of push notifications.



The bound bank card can be specified by you in the interface of the Program, at that you indicate the following data:




  • Bank card number;

  • Expiration date;

  • Security code;



If the bank card data are correct, valid and it is technically possible to use this card within the Program, the said bank card becomes bound and can be used for non-cash payment. All Bound cards are displayed in the program interface.



The Bound Card may also be specified by you in the interface of third party services supporting integration with the Program and billing participants, and providing payment authorization without transmitting information about the Bound Card.



The procedure of using the services of third parties is regulated by the rules of such third parties. The Right Holder is not responsible for your use of such third party services and does not guarantee the correctness and safety of such third party services.



If you add the Bound card, as well as if you choose the function of cashless payment for a particular trip, an amount up to 5 rubles may be charged, which is necessary to confirm the correctness and validity of the Bound card data; in case of successful completion of the transaction, the specified amount will be returned to you. An unsuccessful attempt to debit the specified amount means that it is impossible to add this Bound card and/or the cashless payment function is unavailable respectively.



The Right Holder has no access to the bank card data specified by you and is not responsible for the safety and confidentiality of the transferred data when making non-cash payments. Cashless payment is carried out by you with participation of the authorized operator on reception of payments or the operator of electronic money resources and is regulated by rules of the international payment systems, banks (including the issuing bank of the Bound card) and other participants of calculations.



At the indication of your data and further use of the Bound card, you confirm and guarantee the indication of true and complete information about the valid bank card issued in your name; your compliance with the rules of international payment systems and the requirements of the issuing bank, which has released the Bound card, including with regard to the procedure of cashless settlements.



You understand and agree that all actions taken within the framework of the Program using your confirmed mobile phone number, including cashless payment with the use of the Bound Bank Card, are considered to be performed by you personally.



In case of your disagreement with the fact and/or amount of cashless payment and other issues related to the use of the Bound card within the framework of the Program, you have the right to address to the Right Holder through the interface of the support service (feedback) within 14 calendar days from the date of cashless payment or other actions or events that caused the address.



In case if according to the results of the inspection on such an appeal the Right Holder decides to return the amount of cashless payment in full or in part, the said return is made to the bank account of the bank card from which the cashless payment was made. The procedure of refund is carried out with the participation of an authorized payment acceptance operator or an electronic cash acceptance operator and is regulated by the rules of international payment systems, banks (including the issuing bank of the Bound Card) and other settlement participants.



The Right Holder reserves the right at any moment to demand from You the confirmation of the data specified by You in the framework of the Program, including the data of the Bound Card, and to request in this connection the confirmation documents (in particular, the identity documents), the non-submission of which, at the discretion of the Right Holder, can be equated to the provision of inaccurate information and entail the refusal to use the Services.



Responsibility



Partner Tariffs may contain conditions on penalties. In particular, the Tariffs may contain fines for false orders. False order is a cancellation of a registered order 10 (ten) or less minutes before taxi delivery to the place of delivery, as well as after the free waiting period calculated from the moment specified in the order of taxi delivery at the place of delivery.



The obligation to pay penalties comes at the time the relevant action is taken, or at the expiration of the respective period.



The Right Holder may, in the interests of the Partner, write off the amount of penalties from the Bound Card in the Program. Otherwise, the Partner has the right to apply to you with a request to pay penalties.



Reimbursement of expenses



When using the Partner services, you are responsible for damage and contamination of property. In the event that the Partner reports a need for a wash and such a request is deemed justified, the funds will be written off in favor of the Partner to pay the reasonable costs of such wash, using your method of payment determined by you, to which you hereby consent (this acceptance is given in advance).



A consent is deemed given from the moment you start using the Services.



Expenses determined in the price list located on the Website are considered reasonable.



Otherwise, the Partner has the right to claim reimbursement of expenses for damage and contamination of its property independently.



Applicable law



For the purposes of these terms and conditions, the laws of the country in which the Transportation Service is provided shall apply.



Other regulations



Any disputes arising from the present Terms and Conditions shall be settled through negotiations between the Parties.



Your claim must include the following information: the date and time of the circumstances for which the claim is made; the terms of the circumstances; the content of the claim; and contact details.



If the mutual agreement is not reached by negotiation within thirty (30) calendar days from the date of the claim, any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, including those relating to their execution, breach, termination or invalidity, shall be resolved by a court of law.



The Right Holder may unilaterally amend the Terms and Conditions by posting a new text of the Terms and Conditions containing such amendments. Changes shall come into force from the moment of such placement, unless another term of effectiveness of the changes is determined additionally when publishing the current text of these Terms and Conditions. If you do not agree with the change of the Terms, you have the right to refuse to comply with them.



You guarantee that the Terms are clear to you and you accept the Terms without any stipulations and in their full extent. You guarantee that you will not use the Services for any purpose other than that specified in these Terms.



The Right Holder may send you notifications by means of a general notification about the Services, by e-mail specified by you when you start receiving the Services. You can send notifications to the Right Holder to the address of its residence.



Concluding Regulations



You may not assign or transfer these Terms and Conditions, in whole or in part, without the prior written approval of the Right Holder. You give your consent to the Right Holder that it may assign or transfer these Terms in whole or in part, including: a subsidiary or affiliate; a buyer of the Right Holder's shares, business or assets; or a successor. The relations between you, the Right Holder and Third Party Providers and Partners do not create any joint association, company, group, enterprise, partnership, agency or employment relationship, regardless of the contract between you and the Right Holder, or as a result of your use of the Services.



If by operation of law any provision of these Terms and Conditions is held to be illegal or invalid in whole or in part, such term or part thereof shall be deemed not to be part of these Terms and the legality, validity and enforceability of the remaining part of these Terms and Conditions shall not be affected. In such case the parties will replace the illegal or invalid clause (part of it) with the clause (part of it) which is legal and valid and which has the most similar effect regarding the illegal or invalid clause (part of it), taking into account the content and purpose of these Terms. These Terms represent the entire agreement and the contractual arrangement between the parties regarding the subject matter hereof. They substitute for any prior or existing agreements or obligations relating to such subject matter. In these Terms, the words "including" and "includes" mean "including, without limitation".